FRANKLIN TRUST CO. v. CITY OF LOVELAND, COLORADO

No. 6710.

3 F.2d 114 (1924)

FRANKLIN TRUST CO. v. CITY OF LOVELAND, COLORADO, et al.

Circuit Court of Appeals, Eighth Circuit.

December 3, 1924.


Attorney(s) appearing for the Case

Paul W. Lee, of Ft. Collins, Colo. (George H. Shaw, of Ft. Collins, Colo., on the brief), for appellant.

John H. Fry, of Denver, Colo. (James H. Pershing, of Denver, Colo., Ab H. Romans, of Loveland, Colo., and Robert G. Bosworth, of Denver, Colo., on the brief), for appellees.

Before LEWIS, Circuit Judge, and MUNGER and MILLER, District Judges.


LEWIS, Circuit Judge.

This suit was brought by appellant to enjoin the City of Loveland, Colorado, from issuing bonds for the construction of a municipal light and power plant, because, as alleged, the bonds would create an indebtedness of the city in excess of the amount permitted by the State constitution, which reads (Section 8 of Article 11):

"No city or town shall contract any debt by loan in any form, except by means of an ordinance, which shall be irrepealable...

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